What was Tenancy Tribunal case 5353503 about?

The tribunal order states: [The tenant/s] tenant/s] and [The tenant/s] tenant/s] to pay

How much money was awarded in case 5353503?

Cleaning: $172.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Letterbox (Key Missing: $50.00 awarded to landlord; Property Damage: $86.25 awarded to landlord; Rent Arrears: $557.00 awarded to landlord

What type of tenancy dispute was case 5353503?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 5353503?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12808098-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5353503 about?

The tribunal order states: [The tenant/s] tenant/s] and [The tenant/s] tenant/s] to pay

How much money was awarded in case 5353503?

Cleaning: $172.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Letterbox (Key Missing: $50.00 awarded to landlord; Property Damage: $86.25 awarded to landlord; Rent Arrears: $557.00 awarded to landlord

What type of tenancy dispute was case 5353503?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 5353503?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12808098-Tenancy_Tribunal_Order.pdf.

93 Canon Street, St Albans, Christchurch 8014 Tenancy Tribunal Case 5353503 — Rent arrears

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5353503 — net $893.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to and including 4 September 2025	$557.00	Rent arrears to and including 4 September 2025
Oven/stove cleaning	$172.50	Oven/stove cleaning
Letterbox (key missing	$50.00	Letterbox (key missing
Repair bench	$86.25	Repair bench
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$893.75
Bond	$2,600.00
Total payable by Tenant to Landlord	$893.75

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] to pay Rempstone Property Management Limited $893.75 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,600.00 (6016284-005) immediately apportioned as follows: Rempstone Property Management Limited: $893.75 [The tenant/s] tenant/s] and [The tenant/s] tenant/s]: $1,706.25

The landlord’s other claim is dismissed.

Reasons

Both parties attended the hearing. Mr Boatfield appeared for the tenants. Ms Sun represented the landlord.

The landlord has applied for rent arrears, costs to clean the oven, to replace the mailbox, to repair the benchtop and to replace a punching bag.

The tenants accept the claim for oven cleaning and for the mailbox key loss. They dispute the other claims.

How much is owed for rent?

The tenancy was a fixed term tenancy commencing on 2 February 2024 and ending on 2 Funerary 2026. On 8 October 2025 the tenants advised the landlord that they wished to end the tenancy early and the property would be available for new tenants from 30 August 2025. On 11 August, the landlord advertised the property, and a new tenant was quickly found. The new tenancy commenced on 5 September 2025 and the landlord claims rent up 4 September 2025.

Mr Boatfield claims that they should only be liable for rent up until they vacated on 30 August. They claim that it was the landlord’s choice to only make the property available for rent from 5 September to enable them to complete the final inspection and any work that may be necessary.

A fixed term tenancy cannot be ended by notice. A tenant who leaves a fixed term tenancy before its expiry is liable to pay rent until the end of the fixed term, or until a new tenant is found, whichever is the earlier: section 61(3)(b) of the Residential Tenancies Act 1986 (the Act).

If a tenant leaves a fixed term tenancy before its expiry there is no obligation on a landlord to take steps to mitigate a tenant’s loss by, for example, ensuring that the property is available for rent immediately after the tenant vacates. The landlord can lawfully simply sit back and do nothing to find a new tenant and claim rent from the tenant until the fixed term ends (although, sensibly in my view, most landlords do make attempts to find another tenant as soon as possible to minimise their loss): section 61(4) of the Act.

I therefore find that the landlord is not in breach of any obligation owed to the tenants under the Act with respect to its choice to not make the property available to a new tenant until 5 September. The tenants are therefore liable for rent until the new tenancy commenced. Are the tenants’ responsible for the missing punching bag and the bench top repair? Punching bag

The tenancy was assigned to Mr Boatfield and Ms Grannan by the previous tenants with effect from 2 February 2024.

Ms Sun claims that the punching bag was provided as part of the previous tenancy and as part of this tenancy, although it is not listed as a chattel for the tenancy. She provided a photograph taken at an inspection on 30 January 2024 showing the punching bag in the garage in support. However, Mr Boatfield said that there was no punching bag at the property when they took over the tenancy.

I am not satisfied that the landlord has provided sufficient evidence to establish that it was more likely than not that the punching bag was not removed from the property after the photo was taken on 30 January and before 2 February, when Mr Boatfield and Ms Grannan took over the tenancy. I therefore dismiss the claim for compensation for the missing punching bag. Benchtop

To be successful in a claim for damage the landlord that the damage occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they, or others at the premises with their permission, did not carelessly or intentionally cause or permit the damage: sections 40(2)(a), 41 and 49B of the Act.

Mr Boatfield accepts that the damage to the corner of the benchtop (an area of the laminate had come off) occurred during the tenancy but he claims that the damage should be considered to be fair wear and tear. I do not agree. The chip is a reasonable size and I consider that it was more likely than not caused by the tenants, or others at the premises with their permission, not taking due care to ensure the bench top was not damaged.

The amount claimed to repair the benchtop is $172.50. However, the invoice records that two areas of the bench were repaired and the 30 January 2024 inspection report records that there was a “crack” in the top of the benchtop before this tenancy commenced.

In the circumstances I consider half the cost incurred to repair the two areas is reasonable to compensate the landlord for the damage caused by these tenants.

The landlord has been mostly successful in its claims, and I consider this an appropriate case to award it payment of the Tribunal application fee.

Order

Claims and awards in Tenancy Tribunal application 5353503 — net $893.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to and including 4 September 2025	$557.00	Rent arrears to and including 4 September 2025
Oven/stove cleaning	$172.50	Oven/stove cleaning
Letterbox (key missing	$50.00	Letterbox (key missing
Repair bench	$86.25	Repair bench
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$893.75
Bond	$2,600.00
Total payable by Tenant to Landlord	$893.75

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] to pay Rempstone Property Management Limited $893.75 from the bond, calculated as shown in table below.

The landlord’s other claim is dismissed.

Reasons

Both parties attended the hearing. Mr Boatfield appeared for the tenants. Ms Sun represented the landlord.

The landlord has applied for rent arrears, costs to clean the oven, to replace the mailbox, to repair the benchtop and to replace a punching bag.

The tenants accept the claim for oven cleaning and for the mailbox key loss. They dispute the other claims.

How much is owed for rent?

The tenancy was assigned to Mr Boatfield and Ms Grannan by the previous tenants with effect from 2 February 2024.

In the circumstances I consider half the cost incurred to repair the two areas is reasonable to compensate the landlord for the damage caused by these tenants.

The landlord has been mostly successful in its claims, and I consider this an appropriate case to award it payment of the Tribunal application fee.

Tenancy Tribunal case 5353503 — Rent arrears at 93 Canon Street, St Albans, Christchurch 8014

At a glance

Tenancy Tribunal case 5353503 — Rent arrears at 93 Canon Street, St Albans, Christchurch 8014

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.